A lawyer friend of mine in the US is of the opinion that suing
the manufacturer of the trap may be far more rapid, effective, and cost-effective
than attempting to modify or introduce laws in each of the Canadian provinces
(hunting is not under federal jurisdiction here) and US states. In these extracts
from several e-mail communications, his basic idea is presented, along with
an example of an action in progress.

"... a product liability lawsuit is more
likely to change the kind of trap that a manufacturer would make available to
the public, as legislation has many restrictions regarding jurisdictional issues,
i.e. you cannot pass a law that is valid in the US and Canada—they are
separate sovereign nations. But, using tort law, it is possible to make a change
at the source of the problem that is much wider reaching than any legislation
might be able to do. Of course you could mount campaigns in every jurisdiction,
but then that would require lobbying in every state and provincial capital
(a daunting task to say the least)."

"You should start a campaign to pass a law
in Quebec (and maybe on the federal level) that outlaws the use of those conibear
traps or only allows them outside of locations where humans frequent, and that
anywhere traps are used signs will be posted.

"...
After all, the fact that the traps maim
is well known; the manufacturers are responsible, not just the trappers (also
the manufacturers are the ones who can be forced to change things for everyone
if you are unable to pass a law that is good all over Canada and the US)."

"They certainly have
liability and here in the US that would be a way to get them to make the traps
safer, and maybe even design them with some kind of warning device or mandatory
instructions.

"I don't know
if you can change legislation in Canada but I found a model law that an association
in California is trying to implement there to prevent this kind of killing."

It is the
intent of the City Council/County Board to protect public health and safety,
and animal welfare by prohibiting the use of body-gripping devices. The ordinance
is necessary to preserve wild animals and prevent the unselective catching,
maiming of wild animals including birds, endangered and threatened species,
and companion animals, as well as injury to children and adults that come into
contact with these devices.

Sec. 2 Definitions

A. "Body-gripping
device" includes, but is not limited to, any snare (neck, body, or leg),
kill-type trap (Conibear), leghold trap (steel-jaw, padded, and offset), and
any other device designed to grip a body or body part. Cage and box traps,
suitcase-type live beaver traps, and common rat and mouse traps shall not be
considered body-gripping devices.

A. It shall
be unlawful for any person to set or use, or attempt to set or use, a body-gripping
device of any kind designed or intended to take hold of, capture or kill any
animals within city/county limits.

B. It shall
be unlawful for the owner, possessor, or any other person in control of a lot,
tract, or parcel of land within city/county limits or any residence or business
premises situated thereon to knowingly permit the use of a body-gripping device
upon the property, residence or premises.

Sec. 4 Exemptions

A. The
provisions of this act shall not prohibit federal, state, county, or municipal
government employees or their duly authorized agents from using a Conibear
trap in water, padded-jaw leghold trap, or non-strangling foot snare where
use of such device is the only method available to protect human health and
safety.

B. The
provisions of this act shall not prohibit federal or state employees or their
duly authorized agents from using a Conibear trap in water, padded-jaw leghold
trap, or non-strangling type foot snare where use of such device is the only
means of protecting threatened and endangered species, as listed under the
Federal and State Endangered Species Act.

Sec. 5 Impounding
of Body-Gripping Devices

Whenever
a body-gripping device is used contrary to the prohibitions outlined in this
Act within the confines of the city/county, the same may be impounded by any
duly authorized police officer or by any State Fish and game warden until judicial
action occurs.

Sec. 6 Violations
- Penalties

Conduct
made unlawful by Section 3 of this ordinance constitutes a misdemeanor and
shall be punishable as a misdemeanor. Each misdemeanor violation under this
act shall be subject to a fine not to exceed five thousand dollars ($5,000)
or imprisonment not to exceed one year or both fine and imprisonment.

For further information
or assistance with drafting and introducing legislation on prohibiting trapping
in your city or county, contact Camilla Fox at: